HomeMy WebLinkAboutNORTH LEMAY SECOND REPLAT - Filed OA-OTHER AGREEMENTS - 2004-08-241.111140RANDUM OF T.SRE.EM NT
KNOW•ALL MF.N BY THESE PRESENTS:
The City of Fort Collins, Colorado, makes the following
agreements and representations, and in reliance thereon, the under-
signed developers and equitable owners of the S. a. Webster property
situate in the South 1/2 of the Northeast 1/4, section 12, Town-
ship 7 *dorth, Range 69 best of the 6th P.M., Larimer County,
Colorado, shall proceed to have said property annexed, rezoned and
subdivided consistent with the following requirements within the
City of Fort Collins, Colorado, to -wit:
1. Subdivision. The preliminary plat of the North
Lcmay subdivision has been presented to the Planning and Zoning'
Board and has been approved by that Board subject to certain condi-
tions which shall be satisfied by the performance or occurrence
of matters hereinafter recited. The final plat for Lot 1 of said
subdivision has also been presented and approved by the Planning
and zoning Board and has been approved by that Board subject to
certain conditions which shall be satisfied by the performance or
occurrence of matters hereinafter recited. Both plats are ready
to be presented to the City Council for approval after supporting
data has been assembled and agreements with respect thereto
executed; particularly, a utility plan prepared by the developers'
ene.incer and ;:r"o`.cd by tl,e City F;nguneer's office shw, Tl low the
retail:: on sul,division utility impro✓ements to be installed in
connection :•ith the dcvc?cpmcnt cf the land in conformance with
the follo::inc agreements. Ar)provLJ is anticipated to rezone the
pronrrty "1L- nited Inuustrial District.'
2„ Streets. Ti)e perimeter streets around said sub-
division are presently in existence but have not been improved
to City specifications. The utility plans will show the details
on installing these streets to meet City specifications which would
include the installation of asphalt pavement, curb, gutter, side-
walk and street lighting. On Lemay Avenue and East Linden Street,
the City of Fort Collins would reouire the developers to install
the street imnrovements on their half of the street after the pron-
9. This Agreement shall to binding upon the parties hereto,
their rcpresen'tatives, successors and assigns.
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IN WITNESS lOiEREOF, the parties have caused this Agreement to
be siLned the day and year first above written.
ATTEST:
Alt C]erk
APPROVED'
Director .of CFemw; y )
Detelo,- In I.-,
lty Atto]'716z- --
THE CITY OF FORT COLLINS, COLORADO
City Manager
L9L ASSOCIATES
Estate of William H. Hansen, Deceased
Y !/
I;y
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i' Personal Reeprese;ltative
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cr'y adjoining thc� sliuct h.,s Lc�n fii;.,lly p1L1tt,2d and as t.hu plop-
crty is developed. The entirety of the street improvements need
not be in place prior to the development on each lot, but street
improvements shall be installed in an orderly manner and for such
lot or lots as the parties may mutually agree during the course of
development. Asphalt pavement requirements in excess of twenty -foot
width to residential standards shall be paid for by the City.
LOGA-✓
ben*ay Court has not been established, but as lots adjacent
thereto are developed, street improvements would be installed by
the developers at their sole cost.
East Lincoln Avenue is adjoined on the north side of
present development by.a natural slough. The parties are uncertain
of the nature of street improvements which may finally be determined
as appropriate for this location. Consequently, the developers may
be issued building permits after final platting and may proceed to
the development of this property without the installation of any
street lighting, sidewalks, curbs, nutters or street improvements
at this time. At such time as the City of Fort Collins shall make
appropriate engineering studies and conclude a policy determination
as to the manner of street improvement for East Lincoln Avenue, and
undertake the installation of street improvements along East Iincoln
Avenue, the developers of the property on behalf of themselves,
the Lolders of legal title for said property, their personal repre-
sentatives, succecsors end assigns, agree to pay that portion of the
street improvcments on their half of East Lincoln Avenue, which shall
be equal to the !:uTr, of the cost of the following: street lighting,
side -,:al ): , cur Ls, cutters, a tF.'C iffy foot ' i' th of asphalt paving
meeting reSld(nticl Sta ni ;lrG , !.. �.-i}li rC: of tI Cost � Slcc �.
remedial construction technicrues nav be necessary to fill or
cover said slough to accommodate the improved roadway, but not for
extraordinary storm drainage purposes. The foregoing agreement of
the developers with respect to their share of the street improvements
shall be the personal covenants of the parties signatory hereto and
shall constitute a covenant runnina with the land for the benefit of
the Citv of Fort Collins, Colorado.
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3, iv, tci_`..nc ,. J'hc l;r()l,crty hnll� served by the
City water utility by extending rued installing a water mein along
East Linden Street to the nort!:west boundary of the property at the
sole cost of the City clone as a City system improvement. Further
extension of the water main adjacent to and over the subject prop-
erty shall be at the expense of the developers to the extent of the
cost of installing the size main necessary to serve the developers'
property, and any oversizing or other special specifications for the
use or benefit of the City shall be paid by the City to the extent of
the excess cost.
4. Sewer. A City sanitary sewer main now runs through
the property and shall be utilized to provide sanitary sewer service
from the City utility to the property. This line is available for
use by this property to the extent that the improvements placed upon
the property can be served by this line as determined by engineering
feasibility. Utility plans required under the provisions of para-
graph 1 hereof shall show the interior sewer lines to be installed
upon the property during the course of its development, the cost for
which would be the sole responsibility of the developers.
5. Electrical Services. The developers shall be required
to receive electrical 'service from the City electric utility, and
the utility plan required pursuant to paragraph 1 of this Agreerent
shall show the necessary electrical installations to be installed
on the site in accordance with the requirements of the City Light
and power Department.
6. Landscaping. Notwithstanding the absence of any
requirement under the limited industrial zoning district of the
City of Fort Collins, tl-,e developers nevertheless agree that their
subdivision plat shall reserve a landscalping zone twenty feet in
l,�wi.�Jh along Lem -ay Avenue from East Linden Street to East Lincoln
4 ;Avenue. This zone shall adjoin that portion of the Lemay Avenue
right-of-way. Both the landscaping zone and that portion of the
',Lemay Avenue right-of-wav not covered with street improvements shall
be used for landscaping purposes pursuant to landscaping recommenda-
tions approved by the City Arborist. No improvements of a permanent
nature shall be constructed within the landscaping zone ercer_
roadways or parkways for purposes of ingress or caress bet%-.cen the
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lots and Lcmay Avenue. Suitable protc(:five covenants sl,al
to require lot
be adopted by the developers owners to install and
maintain landscaping contained within the zone and right -Of -way to
is hereinabove made -
which reference d Plain Problems.
7, Storm Drainaqe Reauirements and Floo
The parties acknowledge that the property is located in the flood
fringe of the Cache La Poudre River as determined by the Army Corps
of Engineers. The City does not have any ordinance restricting or
limiting building in the flood fringe, but it is contemplated that
the City Council will adopt such an ordinance in the future. Until
Zrordinance, no limitation or requirement with
the final adoption of
respect to the location Of the property will be required of the
developers or owners so long as the other requirements of the City
not herein excepted regarding the subdivision are met. Despite the
absence of any express requirement regarding flood danger,Cthe
developers acknowledge that the property may be subject to flooding
and any improvements constructed thereon will be constructed at the
developers' or owners' risk and without the benefit of any flood
insarance.)�
if and when a flood plain ordinance is adopted by the
City Council, the developers will be expected to comply with the
requirements of said ordinance respecting any future development.
NO storm drainage study has been undertaken in connection with this
the engineers
property, and retained by the developers S11d
in connection with this
investigate any stone drair.aq_e problems
i plans adequate means of gettine
property ..nd provide in the utility
rid o�xcess storm drr,inaye waters.
dim of A reemer,t has bee,
IN WITNESS V-HEREJ , This I -lei-, 9
executed this 6th day of June, 1974.
Approved by developers and CITY OF FORT COLLINS, COLORADO
equitable owners of the
subject property. BY: g
City manage-
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AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of
January_ _, 1975, by and between THE CITY OF FORT COLLINS,
CO;.ORA])O, a municipal corporation, hereinafter sometimes designated as
the "City", and L9L ASSOCLATES, a general partnership with principal
offices in Fort Collins, Colorado, hereinafter designated as the "Wer",
WITNESSETH:
R7u:REAS, Owner is the owner of certain property situate in the
Coiuity of Larimer, State of Colorado, more particularly described on
Exhibit "A"„ attached hereto and by this reference made a part hereo`;
and
1:7IEREAS, owner desires to develop said property as an industrial
subdi,^lion lc»owo as North Lemay Subdivision and has submitted to the City
a master plan showing a proposed subdivision layout for said lands, which
piaster plan, is attached hereto as Exhibit "B" and by this. reference made
a part hereof; and
Ind ?El:-,� 4s, owner has further submitted to the City a master utility
plan for said lands, a copy of which is attached hereto as Exhibit "C" ..V
by this reference made a part hereof; and
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} .._ _. t'.r ;Pltien } rc-. tusl3' enicr" into a 6 ,..,,n o.
Ap,rcc--A„-
Iry said knls on JuL+ V 1974, to which Qit AZrvc:
is int .dcd tc ,._ _:_ ��J .- --. n,�' cc>>tn1
rti i:er,have srcud that the aerelo cW o,
said 7 will rcc,❑. t ;Mr ed :.-...e._ mice" from in City _-"
to serve such area and will further require the installation of certain
improvements primarily of benefit to the lands to be developed and not to
the City of Fort Collins as a whole; and
k'HEREAS, the City Council has approved the first filing of said
subdivision, and the City's Planning and Zoning Board has approved the
second filing of said subdivision submitted by the Owner subject to certain
requirements and conditions which involve the installation of and construction
of utilities and other municipal improvements in connection with said lands.
NOW, THEREFORE, in consideration of the premises and the terms
and conditions herein stated and for other valuable consideration, the
adequacy of which is acknowledged by the parties hereto, it is agreed as
follows:
1. The City hereby approved the master plan for the North Lemay
Subdivision, Second Filing, submitted by the Owner.
2. Except as otherwise agreed in the parties' Memorandum of
Agreement of June 6, 1974, or otherwise herein specifically agreed, the
Owner agrees to install and pay for all utility lines, storm draina,-e
facilities, streets and other municipal facilities necessary to serve the
lands described upon Exhibit "A", such lines, streets and facilities as
shown on the master utility plan attached hereto as Exhibit "C". The Owner
agrees that no more that: one curb cut on North L MPY Avenue (whic`. Uzi,
serve Lot 4 of the Second Filing of said Subdivision) shall be souEht, anc
any curb cut scrvinZ Lot 5 on East Lincoln Avenue Shall be as close to the
West boundary of said lot as shall be practicable and consistent with i__
orderly developnunt.
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3. Owner agrees to install and pay for water and sewer lines
Serving lots upon which valuable improvements are to be constructed prior
to or contemporaLrously with the issuance of a building permit for said
lot or lots.
The City agrees to pay for the cost of extending a twelve -inch
ater Train to tl:e boimclary line of the property described upon Exhibit "A"
at such time as this service shall be required by the Owner. The City
agrees to contribute toward the cost of oversize eater and Sewer lines in
accordance bath its established policy adopted by the City Council relatinz
to City participation in such oversize lines.
Owm er understands and asrees that no building permit for way
structure in the subdivision shall be issued by the City until the fire
hydrant serving such structure is installed and accepted by the City, or
equi:,nlcnt file protu-tion measures are approved by the City.
The i a illation of said water and sewer lines shall be inspected
by the C=unity DuYAcr .cnt Depa oment of the City and shall be sill ct
to such De art^.ent's approval. Owocr agrees to correct any deficiencies
in such installation in order to meet the requirements of the plans and
the specifications applicable to such installation. In the event such
installation is. not =plcted and approved within the tine set forth above,
the City shall 1=e its light to cause _.et: . -onion-.'. work to be dcne as
it detnu rincensary to ccr;pletc the u:_talla_ion im a satisfactory manner,
and the Caner null be liable for the east of such adc.itional work.
4. Tl._ City Light ZA Power De, :.c;t shall in ;tall all
electric distrib:.tion lines a:d facilities required for tl:e subject
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and the Owner shall pay for such work in accordance with the established
charges of the Light and Power Department. Such installation shall include
all street lights required for the development_ _
S. The utility plan submitted by the Owner does not show storm
water drainage facilities and the parties contemplate that the same will
be needed but must be designed as the various lots in the subdivision are
developed. It is agreed, therefore, that no building permit will be issued
in connection with an)- lot until the Owner has submitted to the City
Engineer a proposed plan for storm drainage, received approval of such plan,
and by written agreerent agreed to install the same at the cost of Owner.
6. The Owner agrees to construct street improvements on East
T.i^.coln Avenue in the manner and upon the schedule recited in the parties'
Memorandum of Agreement of June 6, 1974.
The cul-de-sac street known as Logan Court shown on Exhibit "B"
shall be constructed and installed with at least a hard, dust -free, gravel,
all-wcatlier surface prior to the issuance of a building permit for the con-
struction of improvc;uents upon any lot facing on said cul-de-sac. Lcfore
any CertiSicate of 0,cunancv is issued for improvements on any lot
upon such cul-de-sac street, the same shall be imp_ roved from North Le;r.ay
Avenue up to the lot in question with asphalt pavement, curb, gutter,
sidewalk ._..t. street li;�hting.
The- Owner auucs to co,-,"`1uct and install asphalt pavement, c111L,
futtrr, si e..,_]k and street lighting on its half of North Lemay Avcnuc and
Ezct Chear. street ad ac.c t;t to those lots ;awing direct access to these
;trcet 1. eo:"c a"or�ineou_Ay with the construction of valuable improve.e_-r.te.
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thereon to be completed, inspcc. sd_2ud a e,ted by the CitLTrior to the
issuance of a Certificate of Occupancy therefor; provided, however, prier
to the issuance of a Certificate of Occupancy for the TLWd lot facing upon
East Cherry Street upon which valuable improvements have been constructed,
all of the aforesaid street improvements for which the Owner is responsible
on East Cherry Street shall be completely installed, inspected and accepted
by the City of Fort Collins. %Likewise,hrior to the issuance of a Certifi-
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cate of Occupancy for the third lot ac-i ••Pon North Lemay Avenue upon
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which valuable improvements have been constructed, all of the aforesaid
street improvements for which the Owner is responsible on North Lama),
Avenue shall be completely installed, inspected and accepted by the City
of fort Ccllins.
7. Installation of landscaping adjacent to lots for which a
building pe_^it has been issued shall be a condition precedent to the
�= issuance of a Certificate of Occupancy, and said landscaping shall be
installed in the manner provided under paragraph 6 of the parties, A:cmo-
randum of Agreement of June 6, 1974.
S. Performance of the foregoing covenants shall be the persona'
oblic.otion of the parties signatory hereto, and in default of performance,
the City shall have a lien upon the property described in Exhibit ""A" to
inder.n u y the City for anv cost or expcnse it ray have in completing the
irprovements Open the property in the manner aforesaid. The Uner agrees
to provide to the City evidence in wTiting from a natinn,l Lani: with ,niacin._
office, in ir,rt Collins, Co20raAo, tbrt financial TVP.ourccs r:y bc• r_.,dc
available to the 0.,-ncr to turf; :--` _ts covenants contai)ied _., this Agrec::ca:.
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